Court upheld the interpretation of admission guidelines, confirming eligibility of candidates who participated in earlier rounds for subsequent rounds in the counselling process.

JUDGMENT

Prateek Jalan, J. (Oral)--The proceedings in the matter have been conducted through video conferencing.

W.P.(C) 3267/2021 with CM APPL. 9949/2021 (for stay)

1. This petition under Article 226 of the Constitution concerns a challenge to the admission process for post-graduate courses in Ayurveda for the academic year 2020-21.

Facts

2. The petitioner completed an undergraduate degree in Ayurveda, and aspired for admission in post-graduate courses. For this purpose, she took the entrance examination held on 28.09.2020. The results of the examination were published on 04.11.2020. The petitioner obtained an All-India Rank of 2708 in the relevant category, being the Unreserved category ["UR category"]. All-India counselling was held in three rounds, with a fourth round of counselling by the States. The petitioner participated in all three rounds of counselling but, unfortunately, was not allotted a seat.

3. The grievance with which she has approached the Court is that 23 candidates were permitted to participate in the third/mop-up round of counselling, contrary to the stipulated eligibility conditions. Her contention is that, had the rules been properly followed, she may have been selected in the counselling process.

4. The petitioner therefore seeks the following relief:

"(i) Direct the Respondents to allot one Post Graduation Seat in favour of the Petitioner under All India Ayush Post Graduate Entrance Test, 2020-21; and

(ii) pass such other or further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

Submissions of learned counsel

5. In support of the petition, Mr. Sarfraz Khan, learned counsel for the petitioner, relies upon the following answers given to the Frequently Asked Questions ["FAQs"] published by the respondent- Union of India ["the Union"] in respect of admission through the All India quota:-

"Q.No.44. Who will be eligible for AACCC 03rd/Mop Up Round for Government, Government aided, Deemed Universities, Central Universities and National Institutes? Ans: The Following categories of candidates are eligible for 03rd/Mop Up Round

a) Candidates who are registering for the first time.

b) Candidates who have registered but not been allotted a seat in Round-1 & Round2.

c) All candidates admitted in Round I or Round II and want to upgrade their admitted seats (with fresh choice filling).

Q.No.45. Who will be in-eligible for AACCC 03rd/Mop Up Round for Government, Government aided, Deemed Universitie, Central Universities and National Institutes?

[Emphasis supplied]

6. Mr. Khan contends that the 23 candidates in question were permitted to participate in the third/mop up round of counselling, despite the fact that they had been allotted seats in the first round but did not join the allotted seats. According to Mr. Khan, they were ineligible for participation in the third/mop up round by virtue of the answer to FAQ No. 45(a), extracted above.

7. Although the writ petition does not contain details of the 23 candidates to whom seats were so allotted, the example of one candidate was given by Mr. Khan at the first hearing of this petition on 12.03.2021. Referring to the allotment list published by the Union. after the first two rounds of counselling [Part of Annexure P-5 t